Legal Question in Elder Law in Illinois

Power of Attorney for Healthcare

I have an issue. I have a patient with a diagnosis of severe dementia though he has not been deemed incompetent. The children have been over seeing the patients care. The sisters of the patient do not agree with the decisions of the children. The sisters had the resident sign a power of attorney form which is notarized which is presented to the facility. The children have been operating under the Healthcare Surrogate Act. Is the POA valid? Can you recommend a place for documentation? Thank you


Asked on 11/14/07, 6:12 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Power of Attorney for Healthcare

POA is valid unless revoked by principal. Although POA may not be valid if principal was not competent when executed.

You really need to have a court appointed guardian.

email me if you have any questions.

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Answered on 11/15/07, 12:29 am


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